The Senate Finance Committee on Friday night unanimously passed legislation related to driver’s licenses for immigrants who are in the country illegally. The legislation would put New Mexico in line with the federal REAL ID Act while allowing those who are in the country illegally to continue to drive legally.

Gov. Susana Martinez indicated that she would support the legislation, if it passes in the current form.

Martinez’s office did not provide a statement to NM Political Report, as they did to other media outlets and later put on Twitter.

“I support this bill in its current form, and call on lawmakers in both chambers to do what the people have asked us,” Martinez said. “Let’s pass this bill—as is.”

Marcella Diaz, executive director of the immigrant rights group Somos Un Pueblo Unido, declared victory, despite a series of critical tweets from their official Twitter account.

“We believe strongly that the governor has lost her six year war against immigrant families,” Diaz said. “Immigrant families will continue to drive legally long after this governor is out of office.”

She said that Gov. Susana Martinez originally wanted to make it so no one in the country illegally could drive, but that this version will allow “the 90,000 families” to continue to drive.

FBI background check amendment

The big sticking point between the Senate version and the House version was a provision that would require fingerprints from those who cannot prove they are in the country legally. Sen. John Arthur Smith, D-Deming, and Senate Minority Leader Stuart Ingle, R-Portales agreed to add this provision to their legislation.

The fingerprinting provision would only apply to those in the country without lawful status who did not already have a driver’s license or identification card. Those who have licenses already would be grandfathered in..

Much of the discussion focused on if the state should use the fingerprints to check against the FBI database for a background check. After much discussion—and a short recess—the committee approved an amendment that would allow the state to use the FBI database.

Sen. Steven Neville, R-Aztec, brought the amendment.

State Rep. Paul Pacheco, R-Albuquerque

“Mr. Chairman, we love the amendment,” Rep. Paul Pacheco, R-Albuquerque, said of Neville’s amendment. This is something he has not been able to say since the bill crossed over to the Senate side after the legislation passed the House.

Pacheco still expressed caution when he spoke to reporters afterward and said that things could still happen while on the Senate floor.

“The enabling language really makes a huge difference,” he told reporters, referring to the amendment. “Actually, we’ve been fighting for that all along.”

He said the fingerprints would only be sent to the FBI and not any other agency, specifically mentioning immigration.

The fingerprints would be taken by the Motor Vehicle Department and sent to the Department of Public Safety.

“We’re about as close as close can be,” Senate Majority Leader Michael Sanchez, D-Belen, said as walking by reporters ahead of the bill’s passage.

REAL ID compliance

Smith said that their legislation fulfilled the main purpose, which had nothing to do with fingerprints.

“It’s our understanding that it will make us REAL ID compliant,” Smith said.

REAL ID became a major talking point in recent months after the federal government did not give the state a waiver to comply with its regulations. That means New Mexico licenses were not valid for entrance to federal facilities and, in a few years, would not be valid for identification for domestic air travel.

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While Lujan Grisham said the state would start allowing retailers and some other businesses to open to the public with capacity limitations, she also said the new public health emergency order will require everyone in the state to wear a face and nose covering when in public spaces.
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When state lawmakers last month passed a bill establishing a two-tier driver’s license system in New Mexico, many congratulated themselves for ending a years-long, contentious debate over driver’s licenses for immigrants who are in the country illegally. Gov. Susana Martinez made similar remarks on Tuesday when she signed the legislation, which will go into effect July 1.

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A day after state health officials announced the highest single-day number of COVID-19 cases since the beginning of the pandemic, they announced 129 additional confirmed cases and five additional deaths related to the disease.

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The use of face masks in public has become a polarizing topic among some communities as the state has loosened its restrictions on businesses, including closures, over the last week.
While cloth masks aren’t suitable for use in healthcare settings, Scrase said they are still useful at preventing the spread of the illness among the general public.

Public health orders restricting some businesses and public gatherings are slowly being lifted, but the New Mexico Supreme Court’s restrictions on eviction proceedings and limitations on civil cases in general are still in place.

Matthew Reichbach is the editor of the NM Political Report. The former founder and editor of the NM Telegram, Matthew was also a co-founder of New Mexico FBIHOP with his brother and one of the original hires at the groundbreaking website the New Mexico Independent. Matthew has covered events such as the Democratic National Convention and Netroots Nation and formerly published, “The Morning Word,” a daily political news summary for NM Telegram and the Santa Fe Reporter.